Case: Department of Education OCR Title IX Investigation of Frostburg State University

03-13-2328 | No Court

Filed Date: July 29, 2013

Closed Date: 2018

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Case Summary

On July 29, 2013, a student at Frostburg State University filed a complaint with the US Department of Education, Philadelphia Office for Civil Rights (OCR). She alleged that the University discriminated against her in violation of Title IX by failing to appropriately respond to her complaints of sexual assault. In addition, she alleged that the University retaliated against her for engaging in protected activity. On September 18, 2013, OCR announced that it was opening an investigation regardin…

On July 29, 2013, a student at Frostburg State University filed a complaint with the US Department of Education, Philadelphia Office for Civil Rights (OCR). She alleged that the University discriminated against her in violation of Title IX by failing to appropriately respond to her complaints of sexual assault. In addition, she alleged that the University retaliated against her for engaging in protected activity.

On September 18, 2013, OCR announced that it was opening an investigation regarding the University’s response to the complainant. However, the complainant did not allege sufficient facts to trigger an investigation into retaliation because she did not allege any specific, adverse actions that the institution took. After OCR commenced its investigation, an alumna of Frostburg State University contacted OCR as a second complainant and alleged that several years earlier, she had been sexually assaulted by a campus police officer after he offered her a ride to the local convenience store.

On September 9, 2016, OCR published its letter of findings where it stated that the University failed to promptly and equitably respond to the initial complainant and failed to conduct an adequate, reliable, and impartial investigation for the second complainant. In addition, OCR found that the University failed to appropriately investigate and respond to a number of other reports of sexual misconduct between 2010 and 2014. With respect to university policies, OCR determined that the University’s grievance procedure, record-keeping practices, non-discrimination policy, and delegation of duties to the Title IX Coordinator all violated Title IX.

To remedy these violations, university officials entered into a resolution agreement on September 6, 2016. Specifically, Frostburg State University agreed to:

Case Details

State / Territory: Maryland

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: July 29, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The complainant was a student at Frostburg State University who alleged that she had been sexually assaulted by a fellow student.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Frostburg State University (Frostburg, Allegany), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2016 - 2018

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Recordkeeping

Reporting

Required disclosure

Training

Issues

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run